By Stefanie Costi, Lawyer at Watts McCray.
So what are your options for recovering costs orders made by the Federal Circuit and Family Court of Australia?
In this blog, we will break down the basics of costs notices and orders and how to go about getting your money back in regards to enforcing costs order made by the family court.
A costs order is a decision made by the court about which party should pay for the legal expenses incurred during a case. In family law matters, typically each person bears their own costs. However, there are some circumstances in which the Court will order one person to pay some or all of the other person’s legal costs via a costs notice.
Typically, this includes the money you paid to your lawyer, any expenses related to your case (e.g. barrister or expert fees), and other expenses associated with the legal process.
The amount you can recover often depends on your specific circumstances and the outcome of your matter. For example:
If the judge orders the other side to pay your legal fees (called party/party costs), you will only receive some of your total expenses back. These costs are meant to compensate you for the reasonable legal costs you had during the case, but they will not cover the entire solicitor/client costs you incurred.
If the other side acts unreasonably during the legal process, you might get awarded indemnity costs. This allows you to recover all your legal fees, even if they are higher than the usual costs. Indemnity costs are meant to be a strong deterrent against unruly behaviour in court.
If a judge has ordered that the other side must pay your costs, you have two main methods to get your money back:
Start by having a conversation with the other side. See if they are willing to comply with the costs notice. If they agree, you will not need to take further action.
If the other side fails to make payment, you may need to take legal steps to retrieve your money.
Here is what you can do:
They differ in terms of the time they take and their associated costs. Before proceeding, it’s important to seek legal advice to ensure you’re making the best decision for your situation. Having professional guidance can provide clarity and peace of mind during this challenging time.
This will depend on the state or territory in which you reside and the terms of the costs order.
You can find more information on the Court’s website.
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